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(영문) 서울북부지방법원 2018.10.19 2018고정1077

성매매알선등행위의처벌에관한법률위반(성매매)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 16, 2017, the Defendant: (a) around 17:00, around 205, 40, 000 won around Cheongyang-ro, Dongdaemun-gu, Seoul, 205 to C and 21 years of age; and (b) 3 and once sexual intercourse with C.

Accordingly, the defendant committed sexual traffic.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of each police suspect against D or C;

1. Each written statement D and C [The defendant and his defense counsel asserted to the effect that the defendant was in a state of mental and physical weakness at the time of the crime in this case, but considering various circumstances such as the background, contents, and the defendant's behavior before and after the crime in this case, it cannot be deemed that the defendant lacks the ability to discern things at the time of the crime in this case, and thus, the above assertion is rejected.]

Application of Statutes

1. Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., and Selection of fines concerning facts constituting an offense;

1. Article 70 (1) and Article 69 (2) of the Criminal Act concerning confinement in a workhouse (when a suspended sentence is invalidated or revoked);

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no criminal history, the fact that the defendant was subject to a disposition of suspension of indictment on the condition that he completed the sex purchaser education program, but was prosecuted after completing the program, and that he is a disabled person of class II of intellectual disability);